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HomeMy WebLinkAbout394_Municipal Court Bonds_Traffice Violations BureauBOOK 5137 PAGE 1654 753258 STATE OF OKLAHOMA TULSA COUNTY FILED OR RECORDED 88 NOV - 1 PM 4:03 JOAN HASTINGS TULSA COUNTY CLERK CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 394 AN ORDINANCE AMENDING PART SIX (6) — COURT, CHAPTER ONE (1) - MUNICIPAL COURT, SECTION 6 -123 - APPEARANCE BONDS REQUIRED, PROVIDING FOR APPEARANCE BOND POSTED, SECTION 6 -127 - FAILURE TO APPEAR, PROVIDING SAME SHALL NOT BE CONSTRUED AS A PLEA OF GUILTY OR ADMISSION, SECTION 6 -128 - CREATION OF TRAFFIC VIOLATIONS BUREAU, PROVIDING FOR ENTRY OF GUILTY OR NO CONTEST PLEA ON THE REVERSE SIDE OF CITATION, PROVIDING MANDATORY COURT APPEARANCES, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One (1): Part Six (6) - Court, Chapter one (1) - Municipal Court, of the Code of ordinances of the City of Owasso, Oklahoma, be amended to provide as follows, to -wit: Section 6 -123 - Appearance Bonds Required. Any person taken into custody to be charged with an offense of the City Code of Ordinances shall be required to post bond in a sum not to exceed Two Hundred Dollars ($200.00) in cash money, personal check, money order, cashiers check or appearance bond posted by a duly licensed bail bondsman. Section 6- 125(A) - Procedure Upon Arrest. Any person arrested for a traffic offense within the corporate limits of the City may be released upon the terms and conditions as set forth in the State and Municipal Traffic Bail Bond Procedure Act, 22 O.S. §1115 et seq. Section 6 -127 - Failure to Appear. The arresting officer shall indicate on the citation the date of arraignment and if the violation is a mandatory court appearance, the Defendant must appear in person or by counsel at the stated time and place for arraignment. The Defendant must also appear if a fine has not been paid or a continuance granted in cases which are not mandatory court appearances. Upon failure to appear, bond shall be forfeited. However, a forfeiture of bail or bond shall not be construed as a plea of guilty or admission in any civil action that may thereafter arise by reason of the occurrence. Section 6 -128 - Creation of Traffic Violations Bureau. B) The Judge of the Municipal Court shall, by Court rules, designate those traffic offenses to be considered minor traffic offenses and promulgate, by Court rules, a means of disposing of the cases by the administrative payment of any penalty resulting therefrom by listing and designating those offenses WHICH do not require the Defendant's appearance before BOOK 5137 PAGE 1655 the Municipal Court for the entry of a voluntary plea of guilty or no- contest as set forth on the reverse side of Defendant's copy of the citation and mailing said copy of citation and the appropriate fine to the Owasso Municipal Court Clerk. D) The offenses listed below from the City Traffic Code and other Ordinances as listed shall, in all instances, require the Defendant's appearance before the Judge of the Municipal Court, to -wit: a) Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances; b) Alluding or attempting to allude a law enforcement officer; c) Operating a motor vehicle without having been issued a valid drivers license, or while the license is under suspension, revocation, denial or cancellation; d) An arrest based upon an outstanding warrant; e) A traffic violation coupled with any offense stated in a through f of this paragraph; f) A violation relating to the transportation of hazardous materials. Section Two: Any Ordinance or code provision in conflict herewith is hereby expressly repealed. Section Three: That this and passage, become effective of first publication hereof. Ordinance shall, upon approval thirty (30) days from the date CITY OF OWASSO, OKLAHOMA, A Municipal Corporation BY: STACY LAMB, Mayor ATTEST: Jane Buchanan, City Clerk Ronald D. Cates, City Attorney Affidavit Of Publication STATE OF OKLAHOMA, TULSA COUNTY, ss: Bill R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter a weekly newspaper printed in the City of Tulsa Tulsa County, Oklahoma, a newspaper qualified to publish legal notices, advertisements and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1983 as amended, and thereafter, and complies with all other requirements of the laws of Oklahoma with reference to legal publications. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: July 14, 1988 Subscrjbed and sworn to before me15th day Notary Public My Commission expires PUBLSSBER'SFEE $68.35 Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma July 14, 1968. CITY OF OWASSO, OKLAHOMA ORDINANCE NUMBER 294 AN ORDINANCE AMENDING PART SIX (6) - COURT, CHAPTER ONE (1)- MUNICIPAL COURT, SECTION 6- 123 - APPEARANCE BONDS REQUIRED, PROVIDING FOR APPEARANCE BOND POSTED, SECTION 6 -127 - FAILURE TO APPEAR, PROVIDING SAME SHALL NOT BE CONSTRUED AS A PLEA OF GUILTY OR ADMISSION, SECTION 67 -126 - CREATION OF TRAFFIC VIOLATIONS BUREAU, PROVIDING FOR ENTRY OF GUILTY OR NO CONTEST PLEA ON THE REVERSE SIDE OF CITATION, PROVIDING MANDATORY COURT APPEARANCES, DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA, THAT: Section One (1): Part Six (6) - Court, Chapter One (1) - Municipal Court, of the Code of Ordinances of the City of Owasso, Oklahoma, be amended to provide as follows, to -wit: Section 6 -123 - Appearance bonds Required. Any person taken into custody to be charged with an offense of the City Code of Ordinances shall be required to poet band in the sum not to exceed Two Hundred Dollars 4200.00) in cash money, personal check, money order, cashiers check or appearance bonds posted by e, duly licensed bail bondsman. Section 6- 126(A) - Procedure Upon Armet. Any person arrested for a traffic offense within the corporate limits of the City may be released upon the terms and conditions as set forth in the State and Municipal Traffic Bail Bond Procedure Act, 22 O.S. §1116 et seq. Section 6.127 - Failure to Appear. The arresting officer shall indicate on the citation the date of arraignment and if the violation is a mandatory court appe,rance, the Defendant most appear in person or by counsel at the stated time and place for arraignment. The Defendant must also appear if a fine has not been paid or a continuance granted in cases which are not mandatory court appearances. Upon failure to appear, bond shall be forfeited. However, a forfeiture of hail or bond shall not be construed as a plea of guilty or admission NN62 in arty civil action that may thema(ter arise by reason of the occurrence. Section 6.126 - Creation of Traffic Violations Bureau. B) The Judge of the Municipal Court shall, by Court rules, designate those traffic offenses to be considered minor traffic offenses and promulgate, by Court [ales, a means of disposing of the cases by the adminiatrative payment of any penalty resulting therefrom by listing and designating those offenses which do not require the Defendants appearance before the Municipal Court for the entry of a voluntary plea of guilty or no-conteet as set forth on the reverse aide of Defendant's copy of the citation and mailing said ccpy of citation and the appropriate fine to the Owasso Municipal Court Clerk. D) The offenses listed below from the City Traffic Code and other Ordinances as listed shall, in all instances, require the Defendant a appearance before the Judge of the Municipal Court, m -wit: a) Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances; b) Alluding or attempting to allude a law enforcement officer, c) Operating a motor vehicle without having been issued a valid drivers license, or while the license is under suspension, revocation, denial or cancellation; d) An arrest based upon an outstanding warrant; e) A traffic violation coupled with any offense stated in a through f of this paragraph, f) A violation relating to the transportation of hazardous materials. Section Two: Any Ordinance or code provision in conflict herewith is hereby expreadympealed. Seetion Three: That this Ordinance shall, upon approval and passage, become effective thirty (30) days from the date of first publication hereof. CITY OF OWASSO, OKLAHOMA A Municipal Corporation BY: /s/ Stacy P. lamb Mayor ATTEST: /s /Jane Buchanan City Clerk APPROVED AS TO FORM: /e/ Ronald D. Catea City Attorney